Legal Question in Credit and Debt Law in Massachusetts

Re: small claims judgement

Assuming the judgment was rendered in Massachusetts (the state I am licensed to practice in), because it was rendered in the small claims division (versus the District or Superior Court), you are limited in your available remedies. Since the court has issued a capias, you can forward such to the appropriate sheriff or constable for service (see M.G.L. c.224, Sec.23). A capias is a civil arrest warrant which results in the sheriff bringing the debtor before the court to answer for his failure to appear and contempt. At this point, generally speaking, the court will focus on the debtor's financial status and ability to pay the judgment, and may issue an order for periodic payments. If the order for payments is not complied with, you have the option of intitiating a show cause hearing where you will need to prove that despite having the ability to pay the debtor has intentionally failed to honor the payment order. The court at this point has the option of dismissing the contempt proceeding or holding the debtor in contempt of court, punishable by either fine or imprisonment.

: small claims judgment

Now you found out the dirty little secret: it is easier to get a judgment than to collect. You can give the capias to the sheriff or constable, and have it served at this person's work site.

Let me know what happens.